WADSWORTH
Sreepathi Balaiah alias Bala Gurumurthy – Appellant
Versus
Darsi Ramayya – Respondent
Wadsworth, J.
1. This Civil Revision Petition arises out of an order passed in the following circumstances. The respondents were the appellants before the District Judge and their appeal was preferred against an order decreeing the suit ex parte. The District Judge passed an order that on condition the appellants paid Rs. 15 within one month the appeal would stand allowed and that in default of payment of the sum of Rs. 15 as specified above the appeal would stand dismissed with costs. It would appear that when this judgment was pronounced neither side was present. In incorporating the result of, the judgment into the rough diary maintained by the Court, an unfortunate error was committed; instead of the sum of Rs. 15 the sum of Rs. 12 was inscribed. The respondents advocate referring to the rough diary found that Rs. 12 had to be paid and without undue delay paid that sum to the petitioners advocate. This payment was made two weeks after the judgment was pronounced. When the Court re-opened after the vacation it was discovered that a mistake had been made and that an amount of Rs. 3 had not been paid which should have been paid in order to comply with the formal order. The
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